Whistleblower Lawyers in Charlotte

Employees have the right to report any dangerous or unethical behavior by their employers. Whistleblower laws prohibit employers from retaliating against employees that speak up when they see misconduct. If your employer has retaliated against you, you may be able to file a lawsuit against him or her. Call a whistleblower lawyer in Charlotte at Phil Gibbons Law, P.C. to discuss your options: 704-612-0038.

What is a whistleblower case?

Whistleblowers are employees who, having reasonable belief that their employer is involved in some illegal or unethical activity, report that misconduct to the appropriate authorities. If an employer retaliates against an employee for “whistleblowing,” he or she has violated that employee’s rights and broken the law.

Retaliation can come in many forms including:

Firing of the whistleblower

Denying the whistleblower a promotion he was qualified for

Deducting wages or hours

Threats, harassment, or intimidation

Denying benefits

Which laws protect whistleblowers?

Federal and state whistleblower laws protect employees who have a reasonable belief that their employer broke the law.

Federal laws protecting whistleblowers include:

Whistleblower Protection Act (WPA): The main federal law that protects whistleblowers from adverse actions

The following are North Carolina state laws that protect whistleblowers from retaliation.

North Carolina Common Law

Generally, employers can fire employees at any time under the state’s at-will employment doctrine. However, there is a public policy exception to this doctrine that prevents employers from taking action that would go against public policy. North Carolina common law protects employees from retaliation if the employee:

Refuses to participate in illegal conduct

Assist with an investigation

Refuse to lie under oath

Refuse to accept a wage rate less than the minimum wage

Refusing to participate in conduct that puts the public at risk

North Carolina’s Whistleblower Act

This act protects state employees for reporting improper government activities. In North Carolina, under Article 14 G.S. §126-84, employers may not retaliate against state employees who report:

Violations of law

Fraud

Anything that endangers the public

Gross mismanagement and misappropriation of resources

Retaliatory Employment Discrimination Act (REDA)

Under REDA, employers may not terminate, penalize, or discriminate against an employer for any of the following:

Filing a complaint involving the Wage and Hour Act, Workers’ Compensation Act, or other North Carolina employment laws

Opposing work discrimination against disabled people

Testifying under the Employment Security Act in an unemployment proceeding

Public employees reporting a violation of law, fraud, or danger to public safety

Assisting in an investigation

Filing a Whistleblower Lawsuit

In general, employees must file a whistleblower suit with the appropriate court within three years of the employer’s retaliation. It is in your best interest to work with a lawyer to protect your rights under whistleblower laws.

Proving that your employer violated your rights can be challenging. You will need to prove that:

Your employer retaliated against you after you engaged in conduct protected by whistleblower laws.

Your employer was aware of your protected conduct

Your employer retaliated because of your whistleblowing.

To prove these criteria, you will need circumstantial evidence to establish a connection between the protected activity and the negative employment action.

If you are able to establish retaliation, your employer will likely try to convince the court that there was a legitimate reason for his or her actions.

You must then be able to prove that your employer’s reason is a false excuse and that the real reason has to do with you exercising your rights. Even if your employer’s reason is legitimate, you may be able to win your case if you are able to show that your actions were the primary reason for the retaliation.

A Charlotte whistleblower attorney from Phil Gibbons Law, P.C. can identify all important evidence, documents, and witnesses to help you establish a strong case.

What recourse do whistleblowers have?

Whistleblowers are entitled to the following if they can prove that their employers retaliated against them:

An injunction to stop the employer from continuing to violate the law

Reinstatement of the employee to the position he or she held before the retaliation

Promotion (if the employer denied promotion or demoted the employee due to the whistleblowing)

Reinstatement of fringe benefits and seniority rights

Compensation for lost wages and benefits

Other economic losses caused by the retaliation

Attorney’s fees and costs

Liquidated damages (three times the compensatory damages) if the court finds the employer willfully violated the law

You should never have to fear retaliation for doing what you believe is right. If you believe your employer retaliated against you because you reported his or her wrongdoings, you have legal options.

Phil Gibbons Law, P.C. stands up for whistleblowers that have suffered mistreatment from their employers. We will investigate your case, determine whether you have a valid claim, and help represent you against your employer.

To schedule a free consultation with Phil Gibbons, call 704-612-0038.

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